THIS IS NOT A LEGAL DOCUMENT. THIS IS ONLY A SUMMARY OF SOME OF THE TERMS AND CONDITIONS OF USE. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE COMPLETE ZENFOLIO WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT.
Zenfolio is an online hosting service where aspiring Photographers can present, organize, print, and sell their photographs.
Zenfolio will not call you or send you paper mail; instead, all communications with you will be by e-mail or by posting to the Zenfolio website. Please keep your e-mail address current and check the Website regularly.
Zenfolio makes no warranties of any kind but we do promise to try our best to provide you with excellent service.
The Zenfolio Terms and Conditions define the following types of website users. Everyone who utilizes the Zenfolio website is considered a Visitor. The terms "You" and "Your" refer to Visitors generally. Any Visitor that opens an account and uploads photographs is considered a Photographer. Any Visitor that purchases products from a Photographer using the Zenfolio website is considered a Purchaser.
The General Terms and Conditions of Parts I and II apply to ALL Visitors, including Photographers and Purchasers.
Do not reprint, republish, modify, or distribute any part of this website without first getting permission from Zenfolio.
Do not resell or try to profit from photographs purchased on Zenfolio – those rights belong to the Photographer and if you want to make money off the photographs bought on Zenfolio, you must obtain permission from the Photographer.
Do not try to profit from images purchased on Zenfolio in a manner that exceeds your rights under the applicable license agreement. For example, if the license agreement only gives you permission to use an image online, do not make physical prints of the image.
Do not remove or edit out anything from the materials you see on this website, including proprietary notices or copyright notices.
Don't transmit or post any material that violates any law, regulation, treaty, or infringes on the rights of anyone. Know the laws of your country and follow them.
Do not post any material that may be defamatory, fraudulent, obscene, or that may harass or abuse others.
Do not transmit any harmful materials, such as viruses or worms.
Do not access accounts that do not belong to you without the owner's permission.
Do not harass other users or interfere with their enjoyment of this website.
Do not hack, or modify this Website in any way.
Do not misuse information provided to you by other Zenfolio users.
Do not use this Website for any purpose that is unlawful or prohibited by the full rules contained in the Zenfolio Website Terms and Conditions of Use agreement.
In short, be nice and respect your fellow users and the law. Although Zenfolio has the right to terminate your subscription or your access to this website at any time, with or without notice, and for any reason, it will probably not happen unless you violate Zenfolio rules or the law.
If you have a complaint about copyright infringement, please notify Zenfolio right away by using Contact Us form so we can investigate the problem.
You agree that if you violate any of the rules contained in Zenfolio Website Terms and Conditions of Use agreement and someone gets hurt because of your violation you will be responsible for the legal costs, attorney fees, and other costs that Zenfolio incurs in its defense.
In addition to the General Terms of Use described above and contained in Parts I and II of the Zenfolio Website Terms and Conditions of Use, if you are a Photographer, then you are subject to some additional terms of use contained in Part III of the Zenfolio Website Terms and Conditions of Use and described below.
Zenfolio will host and publish your photographs. You will have the ability not only to display, but also to sell your photographs on this site. Depending on the terms of your subscription plan, you may be able to sell physical prints and/or digital products of your photographs. Zenfolio will set base prices you will pay for the Services provided by Zenfolio or its affiliates and suppliers. Zenfolio will also charge you a small fee for orders placed according to the terms of your subscription plan.
If you choose to sell physical products of your photographs on Zenfolio you will have a choice of having orders fulfilled by Zenfolio partner labs or on your own. If you elect for your customer's orders to be fulfilled by Zenfolio, then Zenfolio will be responsible for collecting payment, printing, delivering, and generally fulfilling your customer's orders. All you have to do is review and approve the order in order to give Zenfolio the go ahead to do its job.
If you choose to fulfill your customer's orders yourself, then you will be solely responsible for taking all steps to fulfill your customer's order. You will be responsible for collecting the payment, printing the photographs and shipping the prints to your customers.
If you choose to sell digital copies of your photographs on Zenfolio you will be required to enter a license agreement with the Purchaser. The license agreement will define how the Purchaser is allowed to use the digital photograph he or she is purchasing. For example, a license agreement may provide that the Purchaser may only use the digital photograph on a particular website, or on a particular page of a website. Zenfolio has provided a few license agreement templates for your convenience, but each Photographer is responsible for ensuring that the terms of the license agreement comport with the laws of their jurisdiction. Zenfolio will not be liable in any way in a dispute arising from a license agreement.
Zenfolio will notify you when orders are placed or if a customer requests a refund. Lastly, you can't assign or delegate your duties under your agreement with Zenfolio to others without Zenfolio's written permission to do so. This doesn't mean you can't send your assistant to fulfill the orders, but it does mean that you can't have your assistant or anyone else paying Zenfolio fees without first getting Zenfolio's permission.
Your subscription will be renewed automatically at the end of each billing period, unless you give us a written notice in advance. You will receive a renewal notification e-mail ahead of time. If you sell your photographs on Zenfolio, your account will be charged periodically. Please pay your bills or Zenfolio may have to discontinue your service.
Zenfolio understands the importance of intellectual property to artists in general, and in particular to Photographers. That is why Photographers using Zenfolio always retain ownership of copyright in their photographs, pictorial works and videos.
Similarly, when a Photographer uploads an image, Zenfolio does not acquire copyright ownership. Rather, Zenfolio obtains a nonexclusive right to use, reproduce, transmit, publicly display, and distribute the images or other media only to the extent necessary to provide the Photographer with the services of his or her subscription plan.
In contrast to photographs, pictorial works and videos uploaded by Photographers, any other content uploaded by Visitors, such as textual comments about a photograph or about the website, become the property of Zenfolio, and Zenfolio can reproduce this content without acknowledging the original author. All other website content is the property of Zenfolio.
You must be over 13 years old in order to open an account with Zenfolio.
Safeguard the password to your account because you will be responsible for all the activity that occurs under your user name.
While we will do everything in our power to preserve your files, it is best to keep a backup copy of all your photographs and anything submitted to Zenfolio to protect against disaster and accidental loss.
Keep a close watch on any of your copyrighted materials and take appropriate steps whenever you suspect the first sign of infringement.
Although we will try to protect your photos and keep this website accurate and in good performance, Zenfolio can not guarantee that hackers will not alter this website. If you see any inaccuracies or suspect any misconduct, please notify Zenfolio right away by using Contact Us form.
In addition to the things that Visitors generally should not do, Photographers are subject to a few more restrictions.
DO NOT POST PORNOGRAPHY. Images that contain nudity will be allowed if they exhibit artistic or other social value and are not pornographic as defined by the laws of California and the United States. Zenfolio has the right to censor the display of ANY image, whether pornographic or not, as it sees fit and for any reason.
Do not post any photographs on Zenfolio against the wishes of the subject of the photograph.
In order to make the optimal use of Zenfolio services you may want to download and install a Software Program from Zenfolio. This Software Program will help you upload a number of files into a gallery. This Software Program is the property of Zenfolio and you agree not to copy, distribute, or alter it. Zenfolio does not warranty this program but if anything does go wrong while using it, please let us know right away so we can address the problem.
Remember, this is just a part of rules and conditions for using Zenfolio and its services. The complete rules contained in Zenfolio Website Terms and Conditions of Use make up the entire agreement between Visitors/Photographers and Zenfolio. Please read and understand it.